NSW Objection to affidavit evidence

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msdismiss

Member
7 August 2024
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Good afternoon,
I’m in need of some advice and going around in circles.
I am a self represented applicant in a general protections dismissal case.
We have had first directions hearing where we were ordered to file and serve affidavits.
I filed and affidavit and the respondent filed an affidavit also by with their witness affidavit.
I have not been asked to file my witness affidavits yet and we return to court for further directions shortly.
My question:
The witness affidavit filed by the respondent i believe is inadmissible.
Do I mention this to the judge at further directions hearing (being mindful I don’t want to annoy them or appear unprepared) or is there a form I can file to object?

The reasons I beleive it is inadmissible are that it is misleading as the witness states their address as an Australian address when they reside overseas and has never lived here. There is no information in the affidavit that they are an overseas based worker which makes some of their points misleading.
The information in the affidavit is also questionable with regards to relevance and hearsay.
Any advice welcome - I want this rubbish thrown out of court - will also add it contains no evidence and of course is full of lies.
Many thanks in advance
 

Rod

Lawyer
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27 May 2014
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Why challenge it now?

Would it be better to have your own affidavit prepared ready to counter and file just before the contest hearing?

Does the affidavit suggest there are other documents that will assist your case that have not yet been seen?

I recommend you get legal advice before your next directions hearing. @Tim W is in NSW, and we can assist despite being in VIC as it is a Federal Law matter.
 

msdismiss

Member
7 August 2024
2
0
1
Agree. We have just had directions and I will file affidavits in reply stating the challenges.
Their affidavit doesn’t suggest documents however they have filed snippets of random documents of which I will request the documents in full.
This is so stressful. I will be seeking legal advice don’t worry - it’s getting too much for me!
Appreciate your response.